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Greg Siskind on Immigration Law and Policy

JAN PEDERSON: OCTOBER VISA BULLETIN EXPECTED TO BRING MIXED NEWS

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Bender's Immigration Bulletin has published an article by my friend Jan Pederson reporting that her government sources are telling her that other than India and China, the EB-1, EB-2, EB-4 and EB-5 green card categories will again be current in October.



EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.



For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.



Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.



Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.



One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.



[UPDATE: I've changed the headline because while I realize this is very good news for some, it is NOT so good for others.]

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  1. N S's Avatar
    Greg,

    I am not sure how this a good news and different from the earlier situation. EB2 India was stuck at Jan 08 2003 for more than 1 year and so does EB3 India at a magical date of May 08 2001. AFAIK, EB4/5 have always been current, EB2 ROW was not retrogressed. Even EB1 India has been current for quite some time. The number of approvals per country per category is no longer by the book.

    We are all Witness. Just like we witnessed Lebron.

    The interesting part of your post is how come EB3 China will be at Apr 2005, While the ROW is expected to be Aug 02

  2. vg's Avatar
    oh! no. this is not very encouraging .. per this, folks like me(EB3 INDIA 2003) has to wait like next 15 years to get GC

    Greg , thanks again for the quick updates.much appreciated!!

    vg
  3. 's Avatar
    Greg, any word on the I-140 Premium Processing reinstatement? Thanks.
  4. wildflower's Avatar
    So the bulletin is back to where it was at the beginning of 2007! That is just plain ridiculous -- have they not learned anything from this past year -- when they bought the story of a flood of early PDs coming out of the BECs (that was their official excuse for not moving the cutoffs) and didn't move the dates only to move them by years in the end. The result was that people with earlier PDs who were stuck in the BECs who couldn't even apply cos of the Oct 2005 retrogression were left out in the cold and people who didn't get stuck in the BECs and had later PDs but managed to file before the Oct 2005 retrogression benefited from the end of the year, out of order, bonanza??

    So again next year it will be the same story, no movement till they wake up and realize they are going to waste visas, and then they'll be handed out in a chaotic way to whoever manages to escape the FBI namecheck blackhole regardless of PD.

    I hope like hell that Ms. Lofgren gets in to the middle and sorts out this nonsense. This crystal ball gazing method of setting cutoff dates *HAS* to end.
  5. nea's Avatar
    Greg,
    I am sorry for this naive posting, but what happens to us, July 2nd filers if our priority dates are not current in the October bulletin? I guess since this is an unprecedented situation, I don't know what to expect. Our applications were accepted but will be in a limbo until priority dates become current in each individual case? With so many different categories, so many different priority dates in the bin, how will they know when to pull what case to be processed?
  6. Pending LC's Avatar
    This is terrible news for me in EB3 India row. USCIS was wrong to permit people to file in July. The whole thing is big mess and unfair.
  7. 's Avatar
    The October bulletin should not matter to the recent June/July filers ... no matter what their priority dt is ... unless the name checks are complete USCIS wont even touch those applications .... and we all know how fast those name checks are done ... they can take anywhere from 1-2 yrs to clear all the name check and with this volume of applications .... god knows when ....
    It is only after this name check or if USCIS decides that it will use discretionary power to assume that FBI name check was clear (after certain number of days) will the bulletin in effect at that time play into whose I485 gets approved. And "that time" is atleast a couple of yrs away ...
  8. wait, wait or move on's Avatar
    Certainly not good news for EB-2 and EB-3 filers born in India. I dont understand whether or not the country limits matter. Because if they do, then the factoids of number of EB3 cases approved for Indians wont be legal.

    So assuming country limits dont matter, then the wait should not be 5-10 years. But if they do matter, then i think we should all start looking at easier immigration to canada, uk, australia, germany etc...after all, at some point, its better to be secure rather than be hanging out here.

    i guess i just dont understand how the eb2 and eb3 dates can go back to what they were in jan 2007, if they actually have processed an additional 100,000 cases over the year !!!!
  9. Sameer's Avatar
    Hi Greg et al

    For me these dates have lot of importance, my PD is EB 2 Feb 05. I have impending marriage plans for early next year and am apprehensive about applying for 485 right now as getting the 485 approval before marriage is a big risk. If the above dates are accurate then it might take 2-3 years for my application to be approved in which case it might make sense for me to apply? Any thoughts on this ppl? Appreciate your response.

    Sameer
  10. USC's Avatar
    "If the above dates are accurate then it might take 2-3 years for my application to be approved in which case it might make sense for me to apply? Any thoughts on this ppl? Appreciate your response."

    You are in a jam. I don't know if this is practical but get married in the next 4-5 days. Then apply before the August 17, deadline. You will have to hustle. If you do not your wife will be waiting many years before she can come to the US, this is assuming she doesn't have other NIV status.
  11. USC's Avatar
    Sameer:

    Also for you to include her on the I485 you will have to be in the US at the time of the app. I hope you can find a way out.
  12. YourFan's Avatar
    Greg, A question for you -

    If a person is qualified for EB2, but by mistake, he files (140+485) in EB3 in July 2007, does it make a difference now (as AOS is already filed in July)?

  13. WeShallOvercome's Avatar
    No you are not in a JAM!

    Apply for yourself now.
    Get married
    Bring your wife here (On H4?)
    Maintain your NIV status (H1?)
    Wait for the visa bulletin when your date becomes current again(may be 3-4 years)
    File your wife's I-485 on the very first day of the month the bulletin is effective.

    Assuming your PD becomes current in the bulletin released on 15th Sep 2009, you'll have 15 days to prepare your wife's case and submit it on October 1st.(to make sure your wife's Application reaches before your approval)

    Only risk? If you are caught unprepared and if you are out of country or something like that when your PD becomes current
  14. USC's Avatar
    "No you are not in a JAM!"

    True. Assuming he has H1b. Good observation!!

  15. In Immigration Limbo's Avatar
    "For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005."

    Huh? How is it possible that EB3/rest of world is so heavily retrogressed?? It's probably more retrogressed than the Philippines too. Obviously, fewer visas are being allocated to this category than to the others. This seems very unfair. What other explanation could there be? That's more than 5 stinkin' years!!
  16. Sameer's Avatar
    Weshallovercome: thanks for your inputs. Yes i am on H-1 so till my 485 is approved i can get the spouse on H-4.


    The Million $$ Question for me is: Will it take 3-4 years for Feb 05 Eb2 to be current since it was already at April 04 in June 2007. There is also talk of unused visas be reclaimed in which case it might be sooner? Does anyone have any ballpark on how many applications might be there between Jan 03 and Feb 05. Whats the quota for EB2 for India per year?


    No you are not in a JAM!

    Apply for yourself now.
    Get married
    Bring your wife here (On H4?)
    Maintain your NIV status (H1?)
    Wait for the visa bulletin when your date becomes current again(may be 3-4 years)
    File your wife's I-485 on the very first day of the month the bulletin is effective.

    Assuming your PD becomes current in the bulletin released on 15th Sep 2009, you'll have 15 days to prepare your wife's case and submit it on October 1st.(to make sure your wife's Application reaches before your approval)
  17. Greg Siskind's Avatar
    >>If a person is qualified for EB2, but by mistake, he files (140+485) in EB3 in July 2007, does it make a difference now (as AOS is already filed in July)?
  18. D's Avatar
    Well, this whole thing suks for EB3 ROW. I just don't get it how it can go back to 2002. No applications were approved for this category since May? This is so dissapointing.
    How can these be GOOD news????
  19. BHU's Avatar
    How come EB3 go back to 2001...There is no logic...Did they not clear those cases -The old ones...this is no Good news...Its more frustrating and making us mentally sick...I think we will soon get sicker staying in this situation.

    Its making me sick!!!
  20. BHU's Avatar
    Hoe come China is 2005...This is revenge!!!
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